H.B. 173 Enrolled

MOTOR VEHICLE OPERATOR FLEEING A
PEACE OFFICER
2003 GENERAL SESSION
STATE OF UTAH
Sponsor: Ty McCartney
This act modifies the Motor Vehicles Code by clarifying the fleeing from a peace officer
provisions. This act clarifies that after a signal from a peace officer to stop a vehicle, a
separate offense exists for either operating a vehicle in willful disregard of the signal
while endangering others or for attempting to flee a peace officer.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
41-6-13.5, as last amended by Chapter 216, Laws of Utah 1999
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 41-6-13.5 is amended to read:
41-6-13.5. Failure to respond to officer's signal to stop -- Fleeing -- Causing
property damage or bodily injury -- Suspension of driver's license -- Forfeiture of vehicle
-- Penalties.
(1) (a) An operator who receives a visual or audible signal from a peace officer to bring
[his] the vehicle to a stop may not:
(i) operate [his] the vehicle in willful or wanton disregard of the signal so as to
interfere with or endanger the operation of any vehicle or person [and may not]; or
(ii) attempt to flee or elude a peace officer by vehicle or other means.
(b) A person who violates Subsection (1)(a) is guilty of a felony of the third degree.
The court shall, as part of any sentence under this Subsection (1), impose a fine of not less than
$1,000.
(2) (a) An operator who violates Subsection (1) and while so doing causes death or
serious bodily injury to another person, under circumstances not amounting to murder or
aggravated murder, is guilty of a felony of the second degree.
(b) The court shall, as part of any sentence under this Subsection (2), impose a fine of

not less than $5,000.
(3) (a) In addition to the penalty provided under this section or any other section, a
person who violates Subsection (1)(a) or (2)(a) shall have [his driver's] the person's driver license
revoked [pursuant to] under Subsection 53-3-220 (1)(a)(ix) for a period of one year.
(b) The court shall forward the report of the conviction to the division. If the person is
the holder of a [driver's] driver license from another jurisdiction, the court shall notify the
division and the division shall notify the appropriate officials in the licensing state.

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